HomeMy WebLinkAboutLC17-011 Bishop Plumbing and HeatingAGREEMENT FOR SERVICES
BETWEEN LAKE CREEK VILLAGE LLC
AND
BISHOP PLUMBING AND HEATING, INC. DBA
BISHOP PLUMBING, HEATING & AIR CONDITIONING
THIS AGREEMENT ("Agreement") is effective as of
09/06/2017
by and between
Bishop Plumbing and Heating, Inc. a Colorado corporation d/b/a Bishop Plumbing, Heating & Air Conditioning
(hereinafter "Contractor") and Lake Creek Village LLC, a Colorado limited liability company (hereinafter "LCV").
RECITALS
WHEREAS, LCV desires to have Contractor install a new boiler and water heater for the residents of Building 23
(the "Project") at the Lake Creek Village Apartments at 4923 Lake Creek Village Drive, Edwards, CO 81632, (the
"Property"); and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and
experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and LCV in connection with the
Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and LCV agree as
follows:
1. Services or Work. Contractor agrees to diligently provide all services, labor and personnel necessary to
perform and complete the installation services or work described in Exhibit ("Services" or "Work") which is
attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
a. Contractor agrees to furnish the Services no later than September 30, 2017 and in accordance with
the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to
furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing
below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the
Services.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit
A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement
shall prevail.
2. LCV's Representative. The Maintenance Supervisor, William Wright, the Housing Department's designee,
shall be Contractor's contact with respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to
the provisions of paragraph 1 1 hereof, shall continue in full force and effect through the 30`x' day of September,
2017.
LC 17-011
4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties.
No additional services or work performed by Contractor shall be the basis for additional compensation unless and
until Contractor has obtained written authorization and acknowledgement by LCV for such additional services in
accordance with LCV's internal policies. Accordingly, no course of conduct or dealings between the parties, nor
verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that
LCV has been unjustly enriched by any additional services, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written
authorization and acknowledgment by LCV for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived
and such failure shall result in non-payment for such additional services or work performed.
S. Compensation. LCV shall compensate Contractor for the performance of the Services in a sum computed
and payable as set forth in Exhibit. The performance of the Services under this Agreement shall not exceed
$5,575.00 for the installation of a High Efficiency Lochinvar WHN285 Boiler unit. Contractor shall provide
labor and personnel to complete the installation. All materials, including the Lochinvar WHN285 Boiler unit will be
provided by LCV. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside
of normal business hours unless specifically authorized in writing by LCV.
a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a
proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks
performed, who performed each task and such other detail as LCV may request.
b. If, at any time during the term or after termination or expiration of this Agreement, LCV
reasonably determines that any payment made by LCV to Contractor was improper because the Services for which
payment was made were not performed as set forth in this Agreement, then upon written notice of such
determination and request for reimbursement from LCV, Contractor shall forthwith return such payment(s) to LCV.
Upon termination or expiration of this Agreement, unexpended funds advanced by LCV, if any, shall forthwith be
returned to LCV.
C. LCV will not withhold any taxes from monies paid to the Contractor hereunder and Contractor
agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
6. Subcontractors. Contractor acknowledges that LCV has entered into this Agreement in reliance upon the
particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for
the performance of any of the Services or additional services without LCV's prior written consent, which may be
withheld in LCV's sole discretion. LCV shall have the right in its reasonable discretion to approve all personnel
assigned to the subject Project during the performance of this Agreement and no personnel to whom LCV has an
objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor,
as approved by LCV and to the extent of the Services to be performed by the subcontractor, to be bound to
Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor, by this Agreement, assumes toward LCV. LCV shall have the right (but not the obligation) to
enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall
cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees
and subcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following
insurance coverage with limits of liability not less than those stated below:
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LCV General Services Final 5/14
a. Types of Insurance.
Workers' Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,0{10,01)0 each accident combined
bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned
vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury, products/completed operations, broad form property damage with limits of liability not
less than $1,000,000 per occurrence and $1,000,000 aggregate limits.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to include
LCV, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and
volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached
hereto as Exhibit B.
ii. Contractor's certificates of insurance shall include subcontractors, if any as additional
insureds under its policies or Contractor shall furnish to LCV separate certificates and endorsements for each
subcontractor.
iii. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
iv. The parties hereto understand and agree that LCV is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and
protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise
available to LCV, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers.
V. Contractor is not entitled to workers' compensation benefits except as provided by the
Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by
Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys
paid pursuant to this Agreement.
8. Indemnification. The Contractor shall indemnify and hold harmless LCV, and any of its officers, agents
and employees against any losses, claims, damages or liabilities for which LCV may become subject to insofar as
any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon
any performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall
reimburse LCV for reasonable attorney fees and costs, legal and other expenses incurred by LCV in connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to
claims by third parties against LCV to the extent that LCV is liable to such third party for such claims without
regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof.
9. Ownership of Documents. All documents (including electronic files) and materials obtained during,
purchased or prepared in the performance of the Services shall remain the property of LCV and are to be delivered
to LCV before final payment is made to Contractor or upon earlier termination of this Agreement.
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LCV General Services Final 5/14
f0. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally
delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx
or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv)
when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing
the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with
confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days
prior written notice of such change to the other party.
LCV:
Attention: Jill Klosterman
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8773
Facsimile: 970-328-8787
E-mail: jill.klosterman@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-mail: atty@eaglecounty.us
CONTRACTOR:
Bishop Plumbing and Heating, Inc. dfbla
Bishop Plumbing, Heating & Air Conditioning
Attn: Torn Rice
PO Box 5080
Glenwood Springs, CO 81601
Telephone: 970-925-8610
Facsimile: 970-920-3358
E-mail: tom@bishopplumbing247.corn
11. Termination. LCV may terminate this Agreement, in whole or in part, at any time and for any reason, with
or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Contractor.
Upon termination of this Agreement, Contractor shall immediately provide LCV with all documents as defined in
paragraph 9 hereof, in such format as LCV shall direct and shall return all LCV owned materials and documents.
LCV shall pay Contractor for Services satisfactorily performed to the date of termination.
12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this
Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the
sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be
governed by the laws of the State of Colorado.
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LCV General Services Final 5/14
13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same
instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following
two forms of electronic signatures shall be permitted to bind the parties to this Agreement. (i) Electronic or
facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized
signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3401 to 121.
14. Other Contract Requirements and Contractor Representations.
a. Contractor has familiarized itself with the nature and extent of the Services to be provided
hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and
regulations that in any manner affect cost, progress, or performance of the Services.
b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems
necessary for the performance of the Services.
C. To the extent possible, Contractor has correlated the results of such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of this Agreement.
d. To the extent possible, Contractor has given LCV written notice of all conflicts, errors, or
discrepancies.
C. Contractor shall be responsible for the completeness and accuracy of the Services and shall
correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that LCV
has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall
perform the Services in a skillful, professional and competent manner and in accordance with the standard of care,
skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it
has the expertise and personnel necessary to properly perform the Services and shall comply with the highest
standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to
ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of
this Agreement.
Contractor hereby represents and warrants the proper installation of the materials necessary for the
Project and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in
materials or workmanship for a period of one (1) year from the date the Work is accepted by LCV, or such longer
period as may be provided by the law or as otherwise agreed to by the parties.
g. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and
professional standards, in the performance of this Agreement. Time is of the essence with respect to this
Agreement.
h. This Agreement constitutes an agreement for performance of the Services by Contractor as an
independent contractor and not as an employee of LCV. Nothing contained in this Agreement shall be deemed to
create a relationship of employer-employee, master -servant, partnership, joint venture or any other relationship
between LCV and Contractor except that of independent contractor. Contractor shall have no authority to bind LCV.
i. Contractor represents and warrants that at all times in the performance of the Services, Contractor
shall comply with any and all applicable laws, codes, rules and regulations.
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LCV General Services Final 5/14
j. This Agreement contains the entire agreement between the parties with respect to the subject
matter hereof and supersedes all other agreements or understanding between the parties with respect thereto.
k. Contractor shall not assign any portion of this Agreement without the prior written consent of
LCV. Any attempt to assign this Agreement without such consent shall be void.
1. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations
hereunder are reserved solely for the parties, and not to any third party.
M. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver
thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach.
n. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the
validity or enforceability of any other provision hereof.
o. The signatories to this Agreement aver to their knowledge, no employee of LCV has any personal
or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no
beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the
Services and Contractor shall not employ any person having such known interests.
p. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms
under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) to the extent applicable shall comply with C.RS. 24-76.5-103 prior to the effective date of this
Agreement.
15. Prohibitions on Contracts.
a. As used in this Section 15, the term undocumented individual will refer to those individuals from
foreign countries not legally in the United States as set forth in C.ILS. 5-17.5-101, et. seq. If Contractor has any
employees or subcontractors, Contractor shall not:
Knowingly employ or contract with an undocumented individual to perform Services
under this Agreement; or
ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an undocumented individual to perform work under the contract for services.
b. If Contractor obtains actual knowledge that a subcontractor performing work under the contract
for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to:
Notify the subcontractor and LCV within three (3) days that Contractor has actual
knowledge that the subcontractor is employing or contracting with an undocumented individual; and
ii. Terminate the subcontract with the subcontractor if within three (3) days of receiving the
notice required pursuant to subparagraph (i) of the paragraph 14(b) the subcontractor does not stop employing or
contracting with the undocumented individual; except that Contractor shall not terminate the contract with the
6
LCV General Services Final 5/14
subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor
has not knowingly employed or contracted with an undocumented individual.
C. If Contractor violates these prohibitions, LCV may terminate the Agreement for breach of
contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor
shall be liable for actual and consequential damages to LCV.
d. LCV may notify the Colorado Secretary of State if Contractor violates this provision of this
Agreement and LCV terminates the Agreement for such breach.
[Rest of page intentionally left blank]
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LCV General Services Final 5/14
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
Lake Creek Village LLC
By and through Eagle County Housing and Development
Authorit
By: ----------
dill Klosterman, Executive Director
CONTRACTOR:
BISHOP PLUMBING AND HEATING, INC. DBA
BISHOP PLUMBING, HEATING & AIR CONDITIONING
A,.e,=ae=aaka�f<,aae,,,.aao
Print Name: Kristin Davis
Title:
President
8
LCV General Services Final 5/14
EXHIBIT A
BOILER INSTALL PRICING WITH LABOR
LCV General Services Final 5I14
Quote
Bishop Plumbing, Heating & Air Conditioning, Inc,
5080 County Road 154
Glenwood Springs CO 81641
970-975-8514 FAX: 970-92.0-3358
Tax ID 84-1574025
Quote # 183162
Date: 08/07/17
Email: will iam.wrigh[ eaglccounty.us Page t€ 1 of 2
Eagle County
4923 Lake Creek Village Drive
#10-101 ***Email***
Edwards CO 816321
Appt nate 07/31/17
]lob 4 2.23605 Contract 4
Service At:
Eagle County
4923 Lake Creek [pillage Drive
414-101
Edwards CO 81632
Claim #
Description
Thank you for allowing Bishop Plumbing, Fleating & AirConditioning to provide pricing for }your project.
'Wc purpose to provide labor to removc and dispose of existing boiler and install a customer provided Lochinvxr Knight ur_it and the
existing sideann will be used.
Please note: All materials will be provided by the customer. This quote is for labor only.
Proposed installed price: $5,575.00 plus taxes (labor only)
'Total Quote 55,575.00
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Quote
Bishop Plumbing, Heating & Air Conditioning, Inc.
5080 County Road 154
Glenwood Springs Ca 81601
970-925-8610 FAX: 970-920-3358
Tax 1D 84-1570025
[wore # 1$3162
Date: 08/07/17
Page # 2 of 2
AccgAanue (Customer) llfne Approra] Wompany) Date
Master Card [ ] Visa [ ] AmExp [ ] Discover [ ]
Acct #
Name on Card
Signature
Exp Date
EX-IIBIT B
INSURANCE CERTIFICATE
10
LCV General Services Final 5114
/�C ® DATE(MWDD;YYYY)
��. CERTIFICATE OF LIABILITY INSURANCE F8 �17/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT /{ell Cain
NAME: Y
Martin Insurance Group PHONE(AIC Nn (970) 963-6161 (970)963-4331
995 Cowen Drive Suite 202 E-MAIL ADDRESS. rtininsuranc cpm
ADDREss: y@o1a ��
!!SURER($] AFFGRD!!G C*VERAGE NAIL 0
Carbondale 00 81623
INSURED
Bishop Plumbing and Heating, Inc.
5080 CR 154
B4Ohio Security Insurance
c0ational Union Fire Ins
D:Pinnacol Assurance
Glenwood Springs CO 81601 I INSURER F:
r nvFRNr.FC r:FRTIFIr:ATF NI IURFR-CL17141 0 3619 RFVLCIrIIII NI IURFR-
24082
41190
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
LTR
TYPEGFNSURANCE
ADDL SUBR
INSD WVD
POLICYNIUMBER
POLICY EFF
D
POLICY EXP
MIDDIYYY
LIMITS
Peter Martin/KAC
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
A
CLAIMS -MADE OCCUR
DAMAGE Til RENTED 50, 000
PREM ES Ea accurren $
MED EXP (Any one person) $ EXCLUDED
ATNATL1720085
1/1/2017
1/1/2018
PERSONAL &ADV INJURY $ 1,000,000
GE NL AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE $ 2,000,000
POLICY x] M F-1 LCC
PRODUCTS - COMPIOP AGG $ 2,000,000
$
OTHER:
AUTOMOBILE LIABILITY
COM BINE D 81 NGLE OMIT $ 1,000,000
Ea accident
BODILY INJ URY [Per person] $
B
ANY AUTO
ALLOWNED SCHEDULED
AUTOS AUTOS
BAAS55854260
1/1/2017
1/1/2018
BODILY INJURY(Per aaddent) $
PROPERTY DAMAGE $
Per accl
HIRED AUTOS NON -OWNED
AUTOS
Urti suredmotMst combined $ 1,000,000
X
uaBRELLALIAB
X
OCCUR
EACH OCCURRENCE $ 8,000,000
AGGREGATE $ 8,000,000
C
EXCESS UAB
CLAIMS -MADE
8&1788086824
1/1/2017
1/1/2018
DED RETENTION 0
$
WORKERS COMPENSATION
EMPLOYERS' LIABILMY YIN
ANY PROPRIETOR+PARTNERIEXECUTIVENIA
OFFICEMMEMBER EXCLUDED? N❑
D {Mandatary In NH)
4098508
1/1/2017
1/1/2018
x PERT
AT ER
UTE
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYE $ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT 11000,000
E Pollution Liability
G27550733 003 1/1/20171/1/2018
Each Occurence $1,000,000
Aggregate $1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACO RD 101, AddiHenaI Remarks Schedule, may beaItached it me re space is required)
Certificate holder is also listed as additional insured for on-going and completed operations on a
primary, non-contributory basis where required by written contract with respect to General Liability.
Business Auto offers blanket additional insured where required by written contract. Blanket Waiver of
Subrogation for General Liability, Busines Auto & Workers Compensation exists to any person or
organization when agreed to under a written contract or agreement which is in effect and executed prior
to any loss.
r'FRTIFIrATF Hot nFR r:ANr:FI I ATInN
0 1 988-201 4 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INSn9_irm,An,,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Lake Creek Village, LLC
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
4 32 9 Lake Creek Village Dr
ACCORDANCE WITH THE POLICY PROVISIONS.
10-101
AUTHORIZEDREPRESENTATIVE
Edwards, CO 81532
Peter Martin/KAC
0 1 988-201 4 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INSn9_irm,An,,
POLICY NUMBER: .1T i-ATL1720085
COMMERCIAL GENERAL LLABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED — OWNERS, LESSEES OR
C'ONTRAC'TORS — COMPLETED OPERATIONS
This endorsement modifies insurance prodded under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDLILE
Name Of Additional Instu•ed Person(s)
Or Oi•ganization(s):
Location And Desci2ption Of Completed Oper-
ations
As required by
Any and all
written conte -act.
locations
Information required to complete this Schedule, if not shorn above. will be shown in the Declarations.
Section 11— Wito Is An Insured is amended to
include as an additional insured theppersons) or
organizations) shmvn in the Schedrlle, but only
w=ith respect to liability for "bodily injury" or
"property damage" caused, in ,Nhole or idpart,
by "your work" at the location dcsignat.ed and
described in the schedule of this endorsement
performed Ibr that additional insured and in-
cluded in the "products-complctcd operations
hazard''.
CG 20 37 07 04 Q ISO Properties, Inc., 2004 Page 1 of 1 ❑
POLTC Y Ni TME- .R : ATN -ATL 1720085
C;(lNIMFRC:IAI, GENERAL TdARTTdTY
CC 24 26 47 44
THIS ENDORSEMENT C".HANGES THE POLICY. PLEASE READ -If CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
'flus endorsement modifies insurance provided unser the following:
C () 7111�1�C It LL GENEILU Llt'1131LITY CO VEIL'iGE 1'AKE
WM I1111111111 d
Name Of Additional Insured Person(s) Or Or2anization(s) I
As required by written contract
I Information required to complete this Schedule= if not shown above, will be shown in the Declarations. I
Section II — Who Is An Insured is amended to include as
an additional insured the person`s; or organization`s;
shown in [he Schedule, but only with respccl Ln liahility fear
"bodily injury". "property damage" or "personal and adver-
tising injury" caused, in whole or in part by your acts or
omissions or the acts or omissions of those acting on your
behalf:
A. Tn the per Formanec e vour engoing operations-, or
13. In connection with your premises owned by or rented to
VoLL
CC 20 26 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 ❑
COMMERCIAL AUTO
CA 88 10 01 10
�tiClp'11��1•I•]:�'l�i'�I���i•3:1_1►[Cl�-�1:1�1•]�[•lA���_l�-��:��_1H�i•1_1:��1U�A�
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
COVERAGE INDEX
SUBJECT
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
ACCIDENTAL AIRBAG DEPLOYMENT
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
AMENDED FELLOW EMPLOYEE EXCLUSION
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
BROAD FORM INSURED
BODILY INJURY REDEFINED
EMPLOYEES AS INSUREDS (including employee hired auto)
EXTENDED CANCELLATION CONDITION
EXTRA EXPENSE -BROADENED COVERAGE
GLASS REPAIR -WAIVER OF DEDUCTIBLE
HIRED AUTO PHYSICAL DAMAGE(including employee hired auto)
HIRED AUTO COVERAGE TERRITORY
LOAN 1 LEASE GAP
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
PERSONAL EFFECTS COVERAGE
PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
RENTAL REIMBURSEMENT
SUPPLEMENTARY PAYMENTS
TOWING AND LABOR
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US
SECTION II -LIABILITY COVERAGE is amended as follows:
PROVISION NUMBER
3
12
18
5
13
1
21
2
22
10
15
5
20
14
15
11
8
9
4
7
17
19
1. BROAD FORM INSURED
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
d. Any legally incorporated entity of which you own more than 50 percent of the voting stock
during the policy period. However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an insured under any other automobile policy; or
(3) Has exhausted its Limit of Insurance under any other automobile policy.
Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in
excess of this policy.
e. Any organization you newly acquire or form, other than a partnership or joint venture, of which
you own more than 50 percent of the voting stock. This automatic coverage is afforded only for
180 days from the date of acquisition or formation. However, coverage under this provision
does not apply:
(1) If there is similar insurance or a self-insured retention plan available to that organization;
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(2) If the Limits of Insurance of any other insurance policy have been exhausted; or
(3) To "bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but
only for acts within the scope of their employment by you. Insurance prodded by this endorse-
ment is excess over any other insurance available to any "employee".
g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract
or agreement in that "employee's" name, with your permission, while performing duties re-
lated to the conduct of your business and within the scope of their employment. Insurance
prodded by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
h. Any person or organization with respect to the operation, maintenance or use of a covered
"auto", prodded that you and such person or organization have agreed in a written contract,
agreement, or permit issued to you by governmental or public authority, to add such person, or
organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto';
(2) Only for "bodily injury" or "property damage" caused by an "accident" which takes
place after you executed the written contract or agreement, or the permit has been
issued to you; and
(3) Only for the duration of that contract, agreement or permit
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para-
graphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required
because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the insured at our request, including actual loss of earn-
ings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to
the employer by the workers compensation exclusivity rule, or similar protection, the following
provision is added:
SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury"
results from the use of a covered "auto" you own or hire.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
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Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended
by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified
Causes of Loss or Collision coverage are prodded under the Business Auto Coverage Form for any
"auto" you own, then the Physical Damage coverages prodded are extended to "autos":
a. You hire, rent or borrow; or
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b. Your "employee" hires or rents under a written contract or agreement in that "employee's"
name, but only if the damage occurs while the vehicle is being used in the conduct of your
business,
subject to the following limit and deductible:
A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of
like kind and quality, minus a deductible.
B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that
coverage.
C. Subject to the limit, deductible and excess provisions described in this provision, we will
M provide coverage equal to the broadest coverage applicable to any covered "auto" you own.
D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the
hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an
actual financial loss.
E. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or
(2) Any "auto" that is hired, rented or borrowed from your "employee".
For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
9 7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition
of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered
"auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis-
abled:
a. For private passenger type vehicles, we will pay up to $50 per disablement.
b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a
gross vehicle weight {GVW} of 10,000 pounds or less.
c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that
have a gross vehicle weight {GVW} of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend-
ed to provide a limit of $50 per day and a maximum limit of $1,500
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9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental
of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss"
under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for
those expenses incurred after the first 24 hours following the "accident" or "loss" to the
covered "auto."
b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many
cases may be substantially less than $75 per day, and will only be allowed for the period of
time it should take to repair or replace the vehicle with reasonable speed and similar quality, up
to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove
and replace your tools and equipment from the covered "auto".
d. This coverage does not apply unless you have a business necessity that other "autos" avail-
able for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will
pay under this coverage only that amount of your rental reimbursement expenses which is not
already prodded under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision 11.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of
returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the
following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
"auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal
effects" stolen with the "auto."
The insurance prodded under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or
carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money
or securities.
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SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow-
ing:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for
"loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov-
erage or warranty.
13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu-
sions 4.c. and 4.d. is deleted and replaced with the following:
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Exclusion 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto" at the time of the "loss" and such equipment is designed to be solely operated
by use of the power from the "auto's" electrical system, in or upon the covered "auto" and
physical damage coverages are prodded for the covered "auto'; or
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with
this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by a $100 deductible.
14. LOAN 1 LEASE GAP COVERAGE
A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is
amended by adding the following:
The most we will pay for a 'total loss" to a covered "auto" owned by or leased to you in any
one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is
subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the
date of the "loss",
b. Financial penalties imposed under a lease due to high mileage, excessive use or ab-
normal wear and tear,
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease,
d. Transfer or rollover balances from previous loans or leases,
9 e. Final payment due under a "Balloon Loan",
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss"
of a covered "auto",
g. Security deposits not refunded by a lessor,
h. All refunds payable or paid to you as a result of the early termination of a lease
agreement or as a result of the early termination of any warranty or extended service
agreement on a covered "auto",
I. Any amount representing taxes,
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual
cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. ADDITIONAL CONDITIONS
This coverage applies only to the original loan for which the covered "auto" that incurred the
loss serves as collateral, or lease written on the covered "auto" that incurred the loss.
C. SECTION V - DEFINTIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the
actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over
the term of the loan, thereby requiring a large final payment.
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15. GLASS REPAIR -WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the
addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
16. PARKEDAUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the
addition of the following:
The deductible does not apply to 'loss" caused by collision to such covered "auto' of the private
passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by
the manufacturer as maximum loaded weight the "auto' is designed to carry while it is:
a. In the charge of an "insured';
b. Legally parked; and
c. Unoccupied.
The 'loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto' must exceed the deductible shown in the
Declarations.
This provision does not apply to any 'loss" if the covered "auto' is in the charge of any person or
organization engaged in the automobile business.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
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SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the
inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this
policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its
discovery, and we have the right to collect additional premium for any such hazard or exposure.
18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the
following:
a. In the event of "accident", claim, "suit" or 'loss", you must promptly notify us when it is
known to:
1. You, if you are an individual;
2. A partner, if you are a partnership;
3. Member, if you are a limited liability company;
4. An executive officer or the "employee" designated by the Named Insured to give such
notice, if you are a corporation.
To the extent possible, notice to us should include:
(1) How, when and where the "accident" or "loss" took place;
(2) The "insureds" name and address; and
(3) The names and addresses of any injured persons and witnesses.
19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery
Against Others to Us, is amended by the addition of the following:
If the person or organization has waived those rights before an "accident" or 'loss", our rights are
waived also.
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20. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is
amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, prodded that
the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the
United States, the territories and possessions of the United States of America, Puerto Rico or
Canada or in a settlement we agree to.
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with
a driver.
SECTION V -DEFINITIONS is amended as follows:
21. BODILY INJURY REDEFINED
Under SECTION V - DEFINTIONS, definition C. is replaced by the following:
M "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental
anguish, mental injury, shock, fright or death resulting from any of these at any time.
COMMMON POLICY CONDITIONS
22. EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol-
lows:
If we cancel for any reason other than nonpayment of premium, we will mail to the first Named
Insured written notice of cancellation at least 60 days before the effective date of cancellation. This
provision does not apply in those states which require more than 60 days prior notice of cancella-
tion.
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All Coverage Parts included in this policy are subject to the following conditions.
A. CANCELLATION
1. The first Named Insured shown in the
Declarations may cancel this policy by
mailing or delivering to us advance writ-
ten notice of cancellation.
2. We may cancel this policy by mailing or
delivering to the first Named Insured
written notice of cancellation at least:
a. 10 days before the effective date of
cancellation if we cancel for nonpay-
ment of premium; or
b. 30 days before the effective date of
cancellation if we cancel for any oth-
er reason.
3. We will mail or deliver our notice to the
first Named Insured's last mailing ad-
dress known to us.
4. Notice of cancellation will state the effec-
tive date of cancellation. The policy pe-
riod will end on that date.
5. If this policy is cancelled, we will send
the first Named Insured any premium re-
fund due. If we cancel, the refund will be
pro rata. If the first Named Insured can-
cels, the refund may be less than pro
rata. The cancellation will be effective
even if we have not made or offered a
refund.
6. If notice is mailed, proof of mailing will
be sufficient proof of notice.
B. CHANGES
This policy contains all the agreements be-
tween you and us concerning the insurance
afforded. The first Named Insured shown in
the Declarations is authorized to make
changes in the terms of this policy with our
consent. This policy's terms can be amended
or waived only by endorsement issued by us
and made a part of this policy.
IL 00 17 11 98
D. INSPECTIONS AND SURVEYS
1. We have the right to:
a. Make inspections and surveys at any
time;
b. Give you reports on the conditions
we And; and
c. Recommend changes.
2. We are not obligated to make any inspec-
tions, surveys, reports or recommenda-
tions and any such actions we do under-
take relate only to insurability and the
premiums to be charged. We do not
make safety inspections. We do not un-
dertake to perform the duty of any person
or organization to provide for the health
or safety of workers or the public. And we
do not warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations,
codes or standards.
3. Paragraphs 1. and 2. of this condition ap-
ply not only to us, but also to any rating,
advisory, rate service or similar organiza-
tion which makes insurance inspections,
surveys, reports or recommendations.
4. Paragraph 2. of this condition does not
apply to any inspections, surveys, reports
or recommendations we may make rela-
tive to certification, under state or mu-
nicipal statutes, ordinances or regula-
tions, of boilers, pressure vessels or
elevators.
E. PREMIUMS
The first Named Insured shown in the Dec-
larations:
1. Is responsible for the payment of all pre-
miums; and
2. Will be the payee for any return premi-
ums we pay.
C. EXAMINATION OF YOUR BOOKS AND
RECORDS F. TRANSFER OF YOUR RIGHTS AND DUTIES
We may examine and audit your books and UNDER THIS POLICY
records as they relate to this policy at any Your rights and duties under this policy may
time during the policy period and up to three not be transferred without our written con -
years afterward. sent except in the case of death of an individ-
ual named insured.
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2